INDEX. DE LOLME-continued which they would blush to pay any regard to on less serious occasions, 841, 842 Those who share in the actual exercise of public power, are not allowed to sit down in inaction, 842 Tractableness of the people during public calamities, and its heedlessness in times of prosperity, are equally taken advantage of, 842 Resolutions adopted at an assembly of the people, are nothing more than the effect of the artifices of a few designing men, 843 Evils of republican governments, 844 There is no proposal, however absurd, to which a numerous assembly of A small number of persons can deliberate on every occurrence, and never Those who govern being few in number, have a deeper interest in the success of their enterprises, 846 A representative body will assert the rights of which they have been made the guardians, with all that warmth which the esprit de corps is used to inspire, 846 Representatives of the people will naturally be selected from among those citizens who are most favoured by fortune, 847 Advantages that accrue to the People from their appointing Representatives are very inconsiderable, unless they also entirely trust their Legislative Authority to them, CHAPTER VII., 848-851 The people in popular governments have never themselves remedied the disadvantages attending their situation, 848 But they have always availed themselves of short intervals of superiority, in order to acquire power, 848, 849 The Romans never allowed their tribunes to conclude anything defini- Political artifices of the senators,' appointed, 850 Popular assemblies are attended by tumult and confusion, 851 Effects that have resulted in the English Government, from the People's Advantages arise, when the people have entirely trusted their power to Representatives of the people have acquired every power to make their resolutions the result of reflection and deliberation, 853 The people, by acting only through their representatives, become the moving springs of the legislative authority, 854 The boasted power of the people, sometimes rendered completely illusory, 855 A representative constitution places the remedy in the hands of those who feel the disorder,-a popular constitution in the hands of those who cause it, 855 Disadvantage of Republican Governments; the People are necessarily betrayed by those in whom they trust, CHAPTER IX., 856 It is impossible for the people ever to have faithful defenders under republican governments, 856 The only end which the tribunes pursued with sincerity, was to procure for themselves an admission to all public dignities, 857 Powers of the Roman people were not employed in things really beneficial to themselves, 857 Judicial power at Rome, was a mere instrument of tyranny, 857 At Rome, the power of life and death was annexed to every kind of authority, 858 Treachery of the tribunes exemplified, by their permitting the senate to invest itself with the powers of taxation, 858 DE LOLME-continued. The consequence of communicability of power in republican govern- Republican governments are opposed to civil liberty, 860 Precautions ought to be taken against all those who can influence the Fundamental Difference between the English Government and the Govern- out of the hands of those in whom the People trust. Usefulness of the Mode in which all executive authority is taken from those, to whom the Securities for the preservation of the kingly prerogative, 863 Power of conferring and withdrawing places and employments, 863 A share in the legislative power, 863 The crown is the only permanent power in the state, 863 The legislature cannot invest itself with the executive, 864 In England, the cause of the people is not continually deserted and All persons are interested in confining the executive to its proper boun- The minister is equally interested with his fellow-citizen in maintaining The commoner and peer are compelled to wish only for equitable laws, The arm of justice equally brings to account, as well the most powerful It is the throne which makes the people sure that its representatives The Power which the People themselves exercise, the Election of Mem- Precautionary measures against the corruption of the representative Duties of representatives are to prevent an arbitrary government, and Discretionary power vested in the people in the re-election of their The same Subject continued. Liberty of the Press, CHAPTER XII., Political evils arise from the defects, and also from the non-execution of The end of legislation is to adopt that which is most conducive to the Despotic restraints upon the press, by the court of Star Chamber, 871 Liberty of the press, in what it consists, 872 The sole office of the judge, is to declare the punishment established by The jury are the sole masters of their verdict, 874 The extreme security with which every man is enabled to communicate From the circulation of newspapers, every individual becomes acquainted Notoriety of all things constitutes a check on those who enjoy public Any subject in which the public welfare is concerned, excites unre- INDEX. INDEX. DE LOLME-continued. Those persons whose greatness seems to set them above the reach of public censure, are not those who least feel its effects, 877 The laws give a full scope to the people for the expression of their complaints, 878 Freedom of the press induces the spirit of liberty, 878 The Subject continued, CHAPTER XIII., 879–884 It is not fortune, it is nature, that has made the essential differences between men, 879 Constitutional advantages of the press, 879 Through the assistance of the press, all matters of fact are at length clear; and through the conflict of answers and replies, nothing remains but the sound part of the arguments, 880 The press serves as a check upon parliament, 881 Modes in which the people express their censure upon parliamentary proceedings, 881 The candidate who gives the best entertainment to a certain class of Unsuccessful attempts of the Stuarts to tyrannize over the people, 883 Resistance is the ultimate and lawful resource against the violences of The throne of England declared vacant, because the king had violated the fundamental laws, 886 Courts of law have grounded their judgments on the right of resistance, 887 Right of resistance, displays the advantages of a free press, 888 The cause of each individual is really the cause of all, and to attack the lowest among the people, is to attack the whole people, 888 When the people are often called to act in their own persons, it is impossible for them to acquire any exact knowledge of the state of things, 889 It is a contradiction, that the people should act, and at the same time retain any real power, 889 When the springs of government are placed out of the body of the people, their action is thereby disengaged from all that can render it complicated, 890 If those who are entrusted with the active part of government, were to Proofs drawn from Facts of the Truth of the Principles laid down in securing the general liberty, 892 Oppressive nature of the Roman laws respecting debtors, 893 Limitations on the authority of the consuls, 894 Lex Terentilla, 895 The Twelve Tables, 895 The decemvirs, 896 Restoration of the republican dignities, and with them the office of tribune, 896 Public commotions always end in promoting the power of the few, 897 Tribunes aspire to those offices of executive power, which they were intended to control, and not to share, 897 Tribunes excited seditions, in order to overcome the opposition of the senate, 898 Tribunes made capable of exercising the executive power, and public trust, 898, 899 DE LOLME-continued. Those men upon whom the Roman people had bestowed dignities, united Compacts for liberty made by the English, at the termination of national Magna Charta and reigns of Henry III., Edward I., II., III., The commons formed an assembly in which every one could propose Reigns of Charles I. and II., James II., 903 A revolution terminated by a series of public acts, in which no interests Second Difference :-The manner after which the Laws for the Liberty of The lives of Roman citizens were subjected on slight grounds to be The magistrates of the republic rendered the appeal to the people essen- Lex Portia, et Lex Sempronia, 907, 908 Roman magistrates not only committed acts of injustice, but were guilty Lex Calpurnia de repetundis et Lex Junia, 908 Levity and infamy of the Roman public judgments, 909 Impunity of corrupt judges, 909 Roman laws and public judgments became the engines of oppression, 910 Disorders in the Roman government, arose from its inherent imperfec- English government, not affected with imperfections similar to those of Trial by jury secures the subject against all the attempts of power, 913 Property of every individual has been secured from the executive Representatives of the people have converted the right of taxation into Oppression of an obscure individual, gave rise to the Habeas Corpus Corruption of the judges under Edward I., Richard II., Henry VIII., The sovereign, for having personally violated the safety of the subject, Limitations on the executive power, greater in England than in any Spirit of mutual justice everywhere diffused, 920, 921 The commons have been careful not to assume any distinction which Cases in which the commons have punished their members for corrupt Speaker of the commons punished for taking money towards his private INDEX. The lords do not permit their privileges to evade common justice, 923 The lords have exercised their judicial authority with impartiality, even in the trial of their own members, 924 Judges have been severely punished, when they have rendered themselves the instruments of the passions of their sovereign, 925 Impartiality in the administration of justice, 925 Any violation of the laws, even by the first servants of the crown, is publicly redressed, 926 The citizens who were at the head of the Roman republic, assumed to themselves a great degree of cruelty, 928 A spirit of irregularity and cruelty prevailed among the Greeks in the infliction of punishment, 929 Punishment of torture adopted in Greece, 929 England is freed from those abuses, which are most oppressive in other countries, 930 Punishment of torture strenuously opposed and defeated in England, No cruel and unusual punishments can be enforced, 931 Very essential Differences between the English Monarchy, as a Monarchy, Liberty enjoyed by the English, is caused by the impossibility of any body transferring to itself the executive, 932 Manner in which the constitutions of Greece, Italy, and Rome were destroyed, 933 The nobles of Sweden, Denmark, and Poland, reduced their sovereigns Disloyalty of the nobles of Germany, France, Scotland, Spain, and Crown of England derives no support from the regular forces, 934 King of England can, without the assistance of an army, avoid those dangers to which other sovereigns are exposed, 935 Liberty which the English enjoy, is the result of the peculiar frame of their government, 936 Foundations of the English constitution are different from those on which the same power rests in other countries, 937 Houses of Lords and Commons, have by turns, defeated the attacks of The commons prevented from tacking money-bills to other bills, 938 938 The lords pass a bill for annual parliaments, 939 Attempts to limit the prerogative of the crown in the creation of Place bills have always miscarried in the House of Lords, 940 Prerogatives of the crown were undiminished during the minorities of Constitution of Sweden bears the greatest outward resemblance to that The Revolution of 1689, p. 942 No attempt to transfer the executive power from the crown, 943 The crown rarely exercises the prerogative of negation, 944 Two Houses of Parliament do not possess an independent legislative authority, 944 Stat. 16 Charles II. c. 1, repealed, 945 Parliaments of England preserved national liberty, by rejecting the executive authority, and vesting it in a single person, 945 |